SECOND
COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060794
Amending Chapter 80, Code of
Ordinances, by repealing Section 80-444, Off-street parking, generally, and
enacting in lieu thereof a new section of like number and subject matter
modifying parking requirements for retail and restaurant uses located in the Crossroads
area, generally bounded on the north by Truman Road, on the east by Troost
Avenue, on the south by the Kansas City Terminal Railway tracks, and on the
west by Broadway between Truman Road and Southwest Boulevard and by Interstate
35 between Southwest Boulevard and the Kansas City Terminal Railway tracks.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 80-444, Off-street parking, generally, and
enacting in lieu thereof one new section of like number and subject matter, to
read as follows:
Sec. 80-444. Off-street
parking generally.
(a) General
regulations.
(1) Applicability of requirements. Off-street parking
requirements shall apply to all buildings and uses of land erected or
established after September 10, 1951, except district C-4. When the intensity
of use of any building or premises, except in district C-4, is changed or increased
after September 10, 1951, to provide additional dwelling units, gross floor
area, seating capacity or any other measurable unit which governs the amount of
off-street parking required, the amount of additional parking required as a
result of the change or increased activity of the use shall be provided.
(2) Determination of compliance. To determine if proposed
parking areas provide the required number of spaces, the following procedure
shall be used:
a. A plan shall be submitted to the director of codes
administration showing the location of parking spaces which meet the
requirements.
b. In large parking areas, where the layout of parking stalls is
not determined or is subject to modification, after it has been demonstrated
that the required number of parking spaces can be provided as set out in
subsection (a)(1) of this section, the layout of parking stalls may be varied
from time to time, provided that the parking area contains at least an
aggregate of 300 square feet per required space, inclusive of driveways or
maneuvering space.
c. Off-street parking, not required by subsection (a)(1) of this
section, but voluntarily provided for existing buildings or uses of land, need
not comply with the required number of parking spaces, but shall comply with
all other requirements with regard to location, construction and size.
d. Off-street parking already in use or established hereafter,
which serves or is to serve an existing building or use of land, shall not be
reduced in any manner except where such off-street parking may be in excess of
the amount required. In no case shall off-street parking be reduced below the
minimum.
e. Off-street parking in districts R-1, R-2, R-3, R-4, R-4-O,
R-5, R-5-O and R-6 shall be limited to passenger vehicles only. No trucks shall
be parked in the district, except:
1. For deliveries; and
2. Any truck which has a length of 20 feet or less and which is
used primarily as the owner's personal means of transportation and which is
licensed for a gross weight of not more than 12,000 pounds.
(3) Parking stall size.
a. All parking stalls shall accommodate a standard-sized car as
provided in this section; however, the director of codes administration may
approve the use of stalls for smaller cars provided sufficient evidence is
presented showing the need for such stalls, but such smaller stalls shall not
exceed 50 percent of the total number of spaces. Such space identity shall be
shown on a parking plan.
b. All off-street parking facilities established to satisfy the
off-street parking requirements of this chapter should accommodate standard and
small cars. Parking spaces for the handicapped shall be provided if required by
any federal, state or local law. Applicants should submit estimates of the
ratios of standard and small car sizes to the director of codes administration,
along with any supporting information or documentation. The design of the
parking facility may accommodate these sizes of cars in any of the following
ways:
1. All spaces may be designed to the standards for
standard-sized cars.
2. A mixture of space sizes may be used which provides areas
exclusively for each size of car.
3. A design may be used which allows flexibility in parking
space sizes. This may or may not involve attendant parking.
4. A method involving a combination of any of the arrangements
or other techniques referred to in subsections (a)(3)b.1 through 3 of this
section may be used.
5. Parking stalls and aisle widths shall conform to chapter 52.
(b) Computation
of specific requirements.
(1) Off-street parking shall be provided in the amount as
enumerated in this subsection for the following uses, unless the zoning
district requires a different amount. For the method of computing, see
subsection (b)(2) of this section.
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Use
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Number of
Parking Spaces
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a.
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For dwellings
or apartments.
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Not less than
one per each dwelling or apartment unit. In district R-3, there shall be
provided not less than three per each two units in a multiple dwelling of
three or more units.
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b.
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For buildings
having roomers or boarders.
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One per each
two roomers or boarders.
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c.
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For clubs,
lodges or similar organizations.
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One per each
four members, plus one per each four employees.
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d.
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For churches.
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One per each
seven persons.
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e.
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For elementary
schools and junior high schools.
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One per each
four employees.
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f.
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For senior
high schools.
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One per each
four employees, plus one per each 15 students.
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g.
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For
educational institutions, including colleges, universities, business,
commercial or trade schools or any other schools.
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One per each
four employees, plus one per each ten students.
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h.
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For hotels or
motels.
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One per each
guest room or suite up to 20 rooms or suites, one for each four guest rooms
or suites in excess of 20 but not exceeding 40 rooms or suites, and one for
each six rooms or suites in excess of 40 rooms or suites.
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i.
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For hospitals.
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One per three
beds (less bassinets) plus one per each four employees, including staff
doctors.
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j.
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For
convalescent homes.
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One per each
four patients, plus one per each four employees.
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k.
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For all places
of public assembly, including but not limited to theaters, arenas, stadiums,
dance halls and funeral homes.
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One per each
four persons, plus one per each four employees.
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l.
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For bowling
alleys.
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Ten per each
lane, plus one per each four employees.
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m.
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For medical
offices.
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Five per each
doctor practicing in the building, but not less than one per each 500 square
feet of gross floor area.
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n.
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For offices
other than medical offices.
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One per each
1,000 square feet of gross floor area.
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o.
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For businesses
engaged in sale of retail goods or services, unless located in the Crossroads
area described in subsection (b)(1)u. below.
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One per each
400 square feet of gross floor area.
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p.
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For
restaurants or any establishment serving food or drink (the serving of
alcoholic beverages as an incidental accessory use is subject to the
definition for restaurants as contained in Chapter 10), unless located in the
Westport area described in subsection (b) 1 (t), below, or unless located in
the Crossroads area described in subsection (b)(1)v. below.
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One per each
75 square feet of gross floor area
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q.
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For bars,
taverns, carry-on-liquor and all other liquor-by-drink establishments
(subject to definition by Chapter 10).
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One per each
50 square feet of floor area devoted to patron use. A combination restaurant
and bar must be provided for on a cumulative basis by calculating square
footage of the restaurant and bar area separately and providing parking accordingly.
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r.
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For industrial
buildings including wholesale businesses and warehouses.
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One per each
four employees.
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s.
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For medical
research facilities.
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One per each
four employees.
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t.
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Restaurants or
any establishment serving food or drink (the serving of alcoholic beverages
as an incidental accessory use is subject to the definition for restaurants
as contained in Chapter 10) in the Westport area bounded by the following
perimeter description: Beginning at the intersection of W. 43rd
Street and Madison Avenue, then north along Madison Avenue and Southwest
Trafficway, then east along W. 40th Street, then north along
Washington Street, then east along W. 39th Street, then south
along Baltimore Avenue, then southwest along Archibald Street, then southeast
along Central Street, then south along Baltimore Avenue, then west along W.
43rd Street to the point of beginning,
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One per each
400 square feet of gross floor area.
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u.
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For businesses
engaged in sale of retail goods or services in the Crossroads area bounded on
the north by Truman Road, on the east by Troost Avenue, on the south by the
Kansas City Terminal Railway tracks, and on the west by Broadway between
Truman Road and Southwest Boulevard and by Interstate 35 between Southwest
Boulevard and the Kansas City Terminal Railway tracks.
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One per each
400 square feet of gross floor area, with the first 4,000 sq. ft. of ground
floor space exempted, with one exemption allowed per building.
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v.
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For
restaurants or any establishment serving food or drink (the serving of
alcoholic beverages as an incidental accessory use is subject to the
definition for restaurants as contained in Chapter 10) in the Crossroads area
bounded on the north by Truman Road, on the east by Troost Avenue, on the
south by the Kansas City Terminal Railway tracks, and on the west by Broadway
between Truman Road and Southwest Boulevard and by Interstate 35 between
Southwest Boulevard and the Kansas City Terminal Railway tracks.
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One per each
75 square feet of gross floor area, with the first 2,000 sq. ft. of ground
floor space exempted, with one exemption allowed per building.
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(2) The following computations shall be used in determining the
maximum amount of off-street parking required for uses enumerated in subsection
(b)(1) of this section:
a. Where buildings or land are occupied by a combination of uses
as enumerated in subsection (b)(1) of this section, the off-street parking
required shall be the total as required under the method of computation for
each of the several uses located within the building or on the land.
b. Gross floor area shall be determined by the outside
dimensions of the building, less any area within the building devoted to off-street
parking.
c. The number of persons or employees shall be based upon the
total persons and employees present or on duty at any one time when the maximum
functional use of the building or land is being made.
d. The number of persons in assembly areas with fixed seating or
a designed functional seating capacity shall be based upon the maximum
functional seating capacity.
e. The number of persons in assembly areas without fixed
seating or without a designed functional seating capacity shall be based upon
the total number of square feet of net floor area actually used for public
assembly, divided by 15.
f. If more than one assembly area within a building is used
simultaneously by different adult persons, then the capacity of all such
assembly areas shall be computed.
g. If several assembly areas within a building are not used
simultaneously but are used by the same group of persons separately at
different times, then the computation shall be made for assembly areas
comprising the maximum simultaneous occupancy.
(c) Location
of off-street parking.
(1) All off-street parking shall be provided on the lot on which
the use to be served is located, except that:
a. Uses which are located in districts R-4, R-5 and R-6 may
provide such off-street parking as required by this section within a community
garage which may provide for the total off-street parking requirements for uses
on more than one lot, provided that any such lot so served is located not more
than 500 feet from the site of the community garage.
b. Uses which are located in districts C-1 to M-3 may provide
such off-street parking within 500 feet of the lot to be served when such
parking is within a commercial or industrial district except as otherwise
permitted by the board of zoning adjustment under the provisions of section
80-446.
c. Where parking facilities are permitted on land other than the
lot to be served, such parking facilities shall be in the same ownership as the
lot to be served unless otherwise permitted under terms approved by the board
of zoning adjustment after a public hearing.
d. The board of zoning adjustment, after public hearing, shall
modify the parking requirements for housing for the elderly subject to the
following conditions:
1. Parking modifications for housing for the elderly may be
granted in any district, including any permitted district (see section 80-271),
but not in district R-1 or R-2.
2. Parking modifications shall provide at least one parking
space per three dwelling units.
3. Only dwelling units shall be used in making parking
determination needs. Beds or occupancy numbers shall not be used as a factor.
The board of
zoning adjustment, in determining such reduction, also may require open space
in lieu of reduced parking requirements in the event of conversion to housing
other than for the elderly, consider accessibility to bus transportation,
consider accessibility to shopping districts and consider the availability of
sidewalks.
(2) In districts R-1, RA, R-2, R-3, R-4, R-5 and R-6, all
off-street parking shall be in the side or rear yard only, except in a group
housing project or a community unit project, where the location of off-street
parking areas shall be subject to approval of the development plan as provided
in sections 80-260 and 80-270; provided, however, this section shall not be
interpreted to prohibit the parking of vehicles, otherwise permitted, in
residential driveways or on pads authorized by chapter 48.
a. Where off-street parking is provided in the side yard area,
such parking area shall be set back from the side property line a distance
equal to the minimum side yard required for the district in which it is
located, except as otherwise provided under section 80-446.
b. Where off-street parking spaces are provided in the rear
yard, such parking area shall observe the minimum setback from the side or rear
property line as required for an accessory building, except as otherwise
provided under section 80-446.
(3) In commercial or industrial districts, the off-street parking
shall not be located in any area required as a yard area.
(4) Where off-street parking areas are required to be set back
from property lines, the setbacks required shall include all of the parking
area intended to be used by vehicles, including individual parking spaces and
all access drives thereto, except drives providing direct access to the parking
area from a street or alley. The border screening as required by paragraph B
above shall be located at the edge of the parking area but need not be included
in the calculation of the setback required.
(d) Modification
of off-street parking requirements.
(1) The board of zoning adjustment may modify any of the specific
off-street parking requirements as enumerated in subsections (b) and (c) of
this section after a public hearing, if undue hardship in complying with any of
such provisions is shown.
(2) Before granting any modification of the requirements of this
section, the board shall determine that:
a. The amount of the off-street parking to be provided is
reasonable in relation to the nature of the use to be served and that the
number of parking spaces, as required by this section, is not compatible with
the actual off-street parking requirements of the particular use because of
unusual circumstances regarding any such use.
b. Any off-street parking proposed to be provided other than on
the lot of the use to be served is reasonably located and readily accessible in
relation to the use to be served and is reasonably related to surrounding uses
of land, and that the parking area is either within the same block or not more
than 500 feet distant from the boundaries of the lot to be served, and that
such parking is permitted in the district in which it is located.
c. Modification of any setback or yard requirement for the
parking area or modification of any construction requirement is necessary
because of unique or unusual circumstances which render the specific
requirements of this section unreasonable and without benefit to surrounding
property.
Section B. That
the Council finds and declares that before taking any action on the proposed
amendment hereinabove, all public notices and hearings required by the Zoning
Ordinance have been given and had.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
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Secretary, City Plan Commission
Approved as to form and legality:
___________________________________
M. Margaret Sheahan Moran
Assistant City Attorney